Estate Claims and Asbestos Claims Law

When a person dies from asbestos-related illness, their family can make an estate claim and receive financial compensation. This compensation could assist in paying funeral expenses and any medical bills left.

Many companies that made asbestos-containing products have filed for bankruptcy, generating huge funds to compensate victims. However, these funds have been depleted and settlement amounts are being reduced.

Bankruptcy Trusts

As asbestos became more widely known as a risk to health, companies that produced and used it were faced with a flurry of lawsuits from victims. Many of these companies opted to enter Chapter 11 bankruptcy to protect themselves from further risk of liability. They were ordered by courts to put money in trusts for future claims. These trusts handle future litigation rather than the reorganized company. A trustee manages the asbestos trusts, directing the claims process and ensuring that there is enough money to pay the asbestos victims.

The secrecy surrounding trusts has led to fraudulent asbestos claims to be paid out. In one study, researchers found that individuals without malignant asbestos injuries accounted for 86 per cent of all claims made by trusts, and 37 percent of all settlements. A recent court decision in the United States bankruptcy case In re Garlock Sealing Technologies LLC cited a "significant pattern of deception" by asbestos plaintiffs and law firms, with key evidence such as product identification being omitted.

A mesothelioma attorney can help you choose the asbestos trust that is most suitable for your claim. Each asbestos trust has its own set of criteria to determine eligibility, such as proof of diagnosis and employment history. It is also recommended to submit the confirmation of your doctor that you illness is a result of asbestos exposure. Your attorney will ensure that your asbestos trust file is compliant with these requirements and gather additional evidence to support your claim.

In certain cases, your attorney may submit an asbestos trust claim expedited on behalf of you. These claims are processed quicker than others and allow for a higher compensation award. To be eligible for a claim that is expedited, you must meet a set of criteria that are laid out on the asbestos trust's website. You must satisfy certain medical and employment requirements and also have an official medical note that states you suffer from an asbestos-related condition.

The asbestos trust claims process is complex and should be handled by an experienced mesothelioma lawyer. Dreyer Boyajian LLP can help you navigate the numerous rules and regulations for asbestos trusts so that you get the money you are entitled to. The firm can also help you understand how these claims differ from both lawsuit awards and VA claims.

Settlements

A settlement is a contract between the plaintiff and an asbestos-related company to end a lawsuit. It can occur before, during or after a trial. Plaintiffs may choose to accept, counter or reject any offer. A mesothelioma attorney will review any settlement to ensure that it is fair. However, patients should not accept any settlement without a complete understanding of the amount they will receive. The amount of the settlement can affect future expenses, such as medical expenses, travel and lost wages.

Asbestos litigation can span years and require lengthy legal research as well as detailed medical and employment documents. Attorneys will attempt to prove that asbestos companies were aware of the dangers they posed and did not adequately warn their employees. Asbestos defendants settle their cases to avoid losing before a juror from the company's side. An attorney with the highest rating for mesothelioma will use their experience negotiating asbestos settlements to determine possible settlements for each case.

Mesothelioma patients are often in need of assistance with expenses incurred by the patient. Health insurance typically covers only some of the costs associated with treatment, leaving many patients with large out-of-pocket costs. Workers' compensation may also provide assistance. Mesothelioma lawyers can look over the policies of insurance and other documentation to determine if they are eligible for these benefits.

Depending on the extent of exposure a victim is exposed to and the severity of their illness the amount of settlement awarded may vary widely. Compensation for mesothelioma victims can include damages such as past and future pain, suffering and suffering, loss of enjoyment life, and loss of income.

Family members of loved ones who have died from mesothelioma, or other asbestos-related diseases could be eligible for compensation from a pre-established life insurance policy. This type of claim requires proper documentation, such as death certificates and policy documents. Attorneys can look over the available options and help victims and their families to file claims. Mesothelioma and other asbestos-related illnesses can have a devastating effect on families of patients. Asbestos lawyers at Dreyer Boyajian LLP have achieved multi-million dollar outcomes for clients in a variety of complex cases. Contact our New York office to schedule a confidential meeting with one of our skilled attorneys.

Trials

Asbestos firms are aware that they face a high likelihood of being found to be liable in lawsuits filed by victims who have been diagnosed with an asbestos-related condition. Instead of battling for large verdicts, many asbestos defendants choose to settle cases. An experienced mesothelioma attorney can assist victims to understand the advantages and disadvantages of going to a trial or accepting a settlement.

An attorney for mesothelioma can gather information about an individual's asbestos exposure history, and can identify the products or companies responsible. Multiple defendants are involved in certain asbestos cases because asbestos exposure is often a result of many sources.

A mesothelioma lawyer can demonstrate that, in settlement negotiations, that asbestos companies were negligent in not advising about the risks associated with their products. The victim's medical record will be used to prove the link between exposure and mesothelioma.

Once a mesothelioma claimant accepts a settlement, the companies involved in the case will end negotiations and provide a guaranteed sum of money for the victim. Settlements are a great solution for victims who are not able to wait until the conclusion of the trial. It is important to keep in mind that settlement offers may change as the court processes evidence and hears arguments from both sides.

An asbestos trial involves a judge or jury in deciding if a business is responsible and how much it has to pay. Trials can last anywhere from a few days to several months. The outcome of a court trial is contingent on both the strength of the evidence and the ability of the lawyers on each side.


Many asbestos attorneys will advise their clients to accept a settlement because it is a faster way to receive compensation for losses and injuries. An asbestos attorney will research all legal options to maximize the amount of compensation received by the victim. In certain situations it is preferential to go through with an investigation to get a higher verdict. In this instance, the victim's lawyer will argue for lifting the corporate veil and exposing the parent company to liability in addition to the subsidiary.

Statute of Limitations

One of the most important factors that could affect an asbestos lawsuit is the statute of limitations, which set a time limit on the time a person can file a claim or lawsuit. The deadline for filing a claim varies from state to state, and the plaintiffs need to be aware of the law in their area. Contact an asbestos lawyer immediately if you're worried that your statute of limitation is over. They can help you determine whether there are any exemptions, exceptions or special circumstances that could prolong the statutory filing period.

In the majority of states the statute of limitations does not start until the diagnosis of an illness is made. Because asbestos-related mesothelioma illnesses take decades to manifest, this can complicate cases.

Different states have different laws for personal injury and wrongful deaths claims. Sioux Falls asbestos lawsuit are filed primarily by living persons who adhere to the statutes of limitation established by their home state. The family of the deceased person can bring a wrongful death lawsuit. These cases are governed under the laws of the state where the deceased lived at the time of death.

Another aspect that could influence the statute of limitations is where the victim was employed or lived. If the person was exposed in multiple locations or was diagnosed with multiple illnesses the law that applies to them may be determined by the place where the bulk of their exposure occurred or where they were diagnosed. This can create issues for those who have relocated to a different state or were diagnosed after the statute of limitations passed in their home state.

In some cases the filing deadline may be extended in certain circumstances or by court or court order. However, this is rare. To safeguard your rights, if you suffer from a serious disease such as mesothelioma you should file a lawsuit against asbestos or mesothelioma as soon as you can. Contact a qualified asbestos attorney immediately to ensure that you don't lose the chance to receive compensation. The attorneys at Dreyer Boyajian LLP achieved multi-million dollar results in numerous complex cases involving hazardous exposure.